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City of Chula Vista sued by woman who fell as a result of a broken City sidewalk

Woman's husband files lawsuit against the City for injuries caused by a broken City sidewalk.

San Diego is not the only City in the County trying to answer to a massive backlog of street and sidewalk repairs. Chula Vista, the second largest municipality in the County, is also hundreds of millions of dollars in the hole when it comes to potholed roads and cracked sidewalks.

Finding that money will be difficult for a City that has struggled to find a good financial footing during years of structural deficits. Even more so if the City is forced to spend some of those resources in court, defending itself against personal injury lawsuits filed as a result of dangerous sidewalks.

That's the case in a new lawsuit from the spouse of a woman who fell and injured herself in July 2012 while walking on the southwest corner of Surrey Drive and Allen School Lane in Bonita.

"The City of Chula Vista allowed the sidewalk to exist in a dangerous and defective condition and the sidewalk was unsafe for public use causing Plaintiff to trip and fell causing severe injury to Plaintiffs head, neck, knee, leg, and arm," reads the February 5 lawsuit.

During the past five years city officials have had to try and find the resources to maintain the hundreds of miles of streets and sidewalks that were added during the housing boom.

Now with over 1,000 miles of sidewalks and 430 miles of roads, City officials estimate that it needs $761 million dollars to get caught up on infrastructure and other projects.

In the meantime, attorneys will be forced to appear in court to defend the City and its crumbling sidewalks and streets.

Reads the lawsuit:

Before suffering these injuries, [plaintiff] was able to and did perform all the duties of a wife and did perform all these duties, including assisting in maintaining the home and providing love, companionship, affection, society, sexual relations, moral support and solace to [plaintiff's spouse] As a direct and proximate result of the injuries, [plaintiff] has been unable to perform the duties of a wife in that she can no longer assist with housework, participate in family, recreational or social activities... [Plaintiff's- spouse] is therefore deprived of his spouse's consortium, all to plaintiffs damage, in a total amount to be established by proof at trial."

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San Diego is not the only City in the County trying to answer to a massive backlog of street and sidewalk repairs. Chula Vista, the second largest municipality in the County, is also hundreds of millions of dollars in the hole when it comes to potholed roads and cracked sidewalks.

Finding that money will be difficult for a City that has struggled to find a good financial footing during years of structural deficits. Even more so if the City is forced to spend some of those resources in court, defending itself against personal injury lawsuits filed as a result of dangerous sidewalks.

That's the case in a new lawsuit from the spouse of a woman who fell and injured herself in July 2012 while walking on the southwest corner of Surrey Drive and Allen School Lane in Bonita.

"The City of Chula Vista allowed the sidewalk to exist in a dangerous and defective condition and the sidewalk was unsafe for public use causing Plaintiff to trip and fell causing severe injury to Plaintiffs head, neck, knee, leg, and arm," reads the February 5 lawsuit.

During the past five years city officials have had to try and find the resources to maintain the hundreds of miles of streets and sidewalks that were added during the housing boom.

Now with over 1,000 miles of sidewalks and 430 miles of roads, City officials estimate that it needs $761 million dollars to get caught up on infrastructure and other projects.

In the meantime, attorneys will be forced to appear in court to defend the City and its crumbling sidewalks and streets.

Reads the lawsuit:

Before suffering these injuries, [plaintiff] was able to and did perform all the duties of a wife and did perform all these duties, including assisting in maintaining the home and providing love, companionship, affection, society, sexual relations, moral support and solace to [plaintiff's spouse] As a direct and proximate result of the injuries, [plaintiff] has been unable to perform the duties of a wife in that she can no longer assist with housework, participate in family, recreational or social activities... [Plaintiff's- spouse] is therefore deprived of his spouse's consortium, all to plaintiffs damage, in a total amount to be established by proof at trial."

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Comments
7

When you spend 999% of the tax money on employee salary and pensions everything else suffers.

Feb. 7, 2013

When you impose privatized tax schemes on property owners, and give that money to a self-serving private nonprofit group to play with as they wish, property owners are far less inclined to spend their own money doing maintenance work on the sidewalks in front of their properties. Example: A local blog has embarked on a project to post photos of bad sidewalks. One of those photos, in the 2000 block of Fern, is of a sidewalk section that belongs to someone I know. That property owner was forced to pay over $600 to an illegal and now legally defunct MAD run by the Greater Golden Hill Community Development Corporation. In the past 10 years, if the city had spent one-hundredth of the time it spent propagandizing its MAD scheme, and one-hundredth of the $$ it spent on defending the illegal MAD, and thrown in a little encouragement and PR about the 50-50 program (the city picks up half the cost to fix sidewalks), the owner would have been happy to do the minor repair to his sidewalk. All that the owner ever got for his $600 was a pile of rocks around the tree that is breaking up the sidewalk in front of his rental property.

Feb. 7, 2013

Gee, when I trip on a bad piece of sidewalk, I cuss a bit, then wonder why I didn't pay attention to where I was putting my feet. Blame somebody if I fall? Maybe I've missed a number of opportunities.

Feb. 7, 2013

The lawsuit said the woman suffered head, neck, and other injuries and is no longer able to care for herself. So, it must have been a pretty bad fall.

That said, I had a pretty bad fall and didn't sue anyone...talk about a missed opportunity!

--dh

Feb. 7, 2013

I have had severe falls from bad sidewalks, and I am in shape, if you're an older woman with weak bones it could be a death sentence, 20% of women over 60 who fall and break a hip die from the injury due to the weak bone structure at that age in life.

Feb. 7, 2013

Yes. I agree with you. Older woman have lesser chances to be back in shape. A bad fall is totally intolerable for them. Well, this case needs a closer scrutiny and proper litigation on who is really at fault.. Was it negligence on the part of the woman or on the state?

By the way, if you happen to have personal injury cases in Dallas. Address your concerns to us for FREE consultation. http://glennlawfirm.com/

June 14, 2013

Our culture is so dependent on automobiles that the idea of walking anywhere has become an anomaly. How dare this woman expect to walk in her neighborhood. She should have been driving a car.

Feb. 8, 2013

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